Five EU countries are calling for changes to the RFNBO rules

In their letter, ministers from Austria, Germany, the Netherlands, Poland, and Spain called on the EU to bring forward the revision of the delegated act on renewable fuels of non-biological origin (RFNBO) and finalize it in 2026 —two years earlier than planned. According to the countries, current regulations threaten to delay investments and the expansion of Europe’s hydrogen sector.

“A timely, effective, and targeted revision of the delegated act is essential to achieving the EU’s climate and industrial goals,” the ministers stated.

The EU adopted the RFNBO rules in 2023. Companies have criticised the rules as complex and increasing the costs of hydrogen production.

Under the current rules, operators of electrolysis plants must use electricity from new renewable sources, ensuring that they do not draw existing clean electricity from the grid. They must also align their electricity consumption with renewable production both temporally (by transitioning to hourly matching by 2030) and locally (within the same or a connected market area).

The ministers urge the European Commission to postpone additional requirements and hourly matching requirements until 2035. According to the ministers, pioneering projects should also be protected from future regulatory changes to ensure the projects' predictability and continued eligibility for funding. According to the ministers, changes could be made without completely reopening the regulation to avoid lengthy regulatory processes.

“If the current criteria of the RFNBO regulation are not amended, they risk slowing down the deployment of hydrogen by placing a very significant burden on projects, which will make it difficult to achieve the ambitious targets set in the Renewable Energy Directive,” the ministers state.

Although many support the current rules as the sector's ultimate goal, they are considered too burdensome at this stage.

Changes proposed in the letter:

– Postponing the requirement on additionality from 2028 to 2035.

– Extending the transition rules for existing projects until 2040.

– Postponing the introduction of hourly balancing for electricity and hydrogen gas production until 2038.